Ex parte EFSTATHIO - Page 4




          Appeal No. 98-1858                                                          
          Application 08/678,196                                                      



          filed March 31, 1997) for a complete statement of appellant’s               
          arguments.                                                                  


          OPINION                                                                     
                    Having carefully considered appellant’s specifica-                
          tion and claims, the applied references, and the respective                 
          viewpoints of appellant and the examiner, we have reached the               
          conclusion that the examiner's rejection of claims 1 through                
          20 under                                                                    
          35 U.S.C. § 103 is not well founded and, therefore, will not                
          be sustained.                                                               


                    Like appellant, even if we assume for the sake of                 
          argument that Cumming is analogous prior art, we find no                    
          teaching, suggestion, or incentive in the applied Ross and                  
          Cumming references which would have made it obvious to one of               
          ordinary skill in the art at the time of appellant’s invention              
          to use a marine mammal trileaflet valve (e.g., a marine mammal              
          ventricular outflow valve) as a replacement for a human pa-                 
          tient’s dysfunctional valve, more specifically, a human pa-                 

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